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NameStick DNS Terms & Conditions
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Services:
The following are the terms and conditions for use of the
namestick.com service including without limitation DNS, web
parking, email and other services which may be offered from
time to time by namestick.com for use with your namestick.com
account member name (each feature individually and
collectively referred to as the "Services"). Please read them
carefully.
BY CLICKING ON "I AGREE" AND COMPLETING THE REGISTRATION
PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR A
namestick.com ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF
THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").
The Service is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices
contained herein.
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Subscriber: The Subscriber is defined as an individual
who is accessing the Services. Subscribers may not have more
than one account. Subscribers cannot share accounts. If a
Subscriber has more than one account, namestick.com reserves
the right to aggregate the Subscriber’s usage across all of
his accounts for purposes of calculating accurate fees and
usage charges.
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Term: The term of Subscriber subscription is effective
as soon as the Subscriber begins using the Services.
namestick.com shall endeavor to enable Subscriber to commence
access to the Services (the "Access Date") as soon as
possible. Notwithstanding the foregoing, namestick.com shall
not be responsible or liable for any delay in the Access Date
for any reason, including, without limitation, equipment
delays, telephonic service delays, or any other reason, and
Subscriber's sole remedy for any such delay shall be to cancel
the Service and Subscriber shall be entitled to a refund of
any portion of the Initial Fee (as hereinafter defined) which
has not been used for costs, expenses or set up services
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Fees: Upon establishment of an account through
submission of the Signup Form, the initial fees shall be due
and payable and thereafter the Yearly Fees shall be due and
payable in advance unless otherwise specifically provided in a
written Quotation. Subscriber shall pay all applicable taxes
relating to use of the Service by the Subscriber. Subscriber
shall be responsible for all use of the Service accessed
through Subscriber's account and will pay for all usage
charges accrued thereunder whether or not they are authorized
by the Subscriber. In the event of unauthorized access to the
Subscriber's account, Subscriber must promptly notify
namestick.com. Subscriber will remain responsible for all
charges to Subscriber's account until namestick.com is so
notified and has had a reasonable opportunity to cancel access
to the account. Any amounts not paid by Subscriber to
namestick.com when due shall bear interest at the rate of 1.5%
per month until paid in full and namestick.com may be
obligated to suspend any services until all payments are made.
In addition if any amount is not paid when due subscriber
shall be responsible for namestick.com cost of collection
including attorneys' fees and costs.
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DISCLAIMER OF WARANTEES: LIMITATION OF LIABILITY
A: namestick.com shall endeavor to provide the Services in
accordance with the standards of the industry. namestick.com
will make a good faith adjustment to any amount paid or
payable by the Subscriber for the use of the Services to the
extent of a failure of the services which renders the Services
unusable except to the extent caused by Subscriber or based
upon acts or conditions beyond namestick.com's reasonable
control; provided that Subscriber reports such problems to
namestick.com immediately upon discovery and requests an
adjustment within 5 business days of such failure.
Notwithstanding any other provision of a written Quotation or
these terms and conditions, in no event shall namestick.com's
liability for any reason upon any cause of action in
connection with this agreement, the Service or otherwise
exceed the Most Recent Yearly Payment by Subscriber to
namestick.com
B: Subscriber acknowledges that namestick.com has not made any
representations or warrantees with respect to the quality of
the service or that the service will be accessible on a
continuous basis or that such accessibility will not be
limited or interrupted from time to time, and namestick.com
specifically disclaims any such representations, warrantees,
or covenants including without limitation the warrantee of
merchantability or fitness for a particular purpose.
Subscriber acknowledges that namestick.com shall not be liable
or responsible for consequential damages, lost profits or
other damages of any type or nature, even if namestick.com has
been advised of such damages. Subscriber acknowledges that
sole remedy for any such failure is set forth in the second
sentence of paragraph 5A. Hereof Subscriber acknowledges that
namestick.com does not monitor or review any of Subscriber's
material (as hereafter defined); However, Subscriber
acknowledges that namestick.com may, upon receipt of a
complaint, with respect to any of the Subscriber material or
any other reason, Prevent Subscriber material from being
accessible through the service; provided that namestick.com
shall have no obligation to Prevent Such Access and no
liability to Subscriber or any third party for Preventing
Access To or failure to Prevent access to such material.
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Subscriber Materials: Indemnification: Policies
(A) Subscriber represents and warrants that any material which
Subscriber places on the service, permits to be placed on the
service with or without Subscribers authority, or on the
Internet and/or the Web through namestick.com's service,
including Subscriber's domain name(s), ("Subscriber Material")
will not 1) violate the rights of any 3rd party and
will not give rise to any claim of such violation 2) violate
any federal, state or local law, rule or regulation of any
type of any nature (civil or criminal), including without
limitation, laws with respect to obscenity, indecency,
harassment, or export controls or 3) contain or transmit any
software disabling devices or internal controls including,
without limitation, time bombs, viruses or the like.
(B) Subscriber shall indemnify and hold namestick.com and its
employees, agents, shareholders, officers, directors and
successors and assigns harmless from and against any and all
claims, damages, liabilities, costs and expenses (including
attorneys' fees and costs and settlement costs) ("Damages")
arising out of any breach by subscribers of any of the
representations, warrantees or agreements set forth in the
Signup Form or these Terms and Conditions.
(C) Subscriber agrees to comply with namestick.com's policies
with respect to the Services, as such policies may be modified
from time to time including, but not limited to,
namestick.com's policy against "spamming."
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Termination: namestick.com may terminate the term and
Subscriber's right to use the service at any time without
cause by sending notice to the Subscriber. namestick.com may
Terminate the term and subscriber's right to use the service
immediately without prior notice on a breach of the these
Terms and Conditions by Subscriber. In addition, Subscriber
may also terminate this Agreement by giving written notice to
namestick.com and discontinuing use of the service.
Terminations by subscriber will be effective 60 (sixty) days
after the date on which namestick.com receives notice from the
Subscriber and Subscriber will be liable for fees and charges
set forth in the Subscriber selected subscription level though
the termination date and any additional usage fees accrued
though the termination date. No refunds will be given if the
Subscriber cancels the Services, or if namestick.com cancels
the Services due to a breach of these Terms and Conditions,
and under no circumstances will any termination of this
contract result in a refund exceeding the unused portion of
any fees paid to namestick.com.
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Changes in Services, Terms and Conditions, and Fees.
namestick.com may modify these Terms and Conditions or service
prices and may discontinue or revise any and all other aspects
of the service in namestick.com's sole discretion upon 30
(thirty) days notice. Subscriber shall be deemed to have
accepted any such changes or modifications by continuing to
use the Service after the end of such thirty days period. A
copy of namestick.com's standard Terms and Conditions
including any such changes made to such Terms and Conditions
from time-to-time will be available.
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Miscellaneous
(A) These Terms and Conditions shall be governed and construed
under the laws under the State of Texas. Any dispute
arising out of the these Terms and conditions or any Services
provided by namestick.com shall be resolved in the Federal or
State courts located in Dallas county and Subscriber
consents to the jurisdiction of such courts over Subscriber.
All notices given by subscriber shall be in writing and
addressed to: ItsMyWeb.com, LLC c/o NameStick.com, 2301 N Collins Ste 110-500 Arlington, TX 76011 or by Fax to 707.215.6686
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notices to Subscriber shall be given either in writing, via
email, via Fax, or via telephone to the address, email
address, fax number or telephone number indicated on the
Subscriber Signup Form.
(B) Subscriber acknowledges and agrees that Subscriber will
permit namestick.com to use its name and trademarks for
promotional and advertising purposes: provided that such use
accurately reflects the relationship of the parties. By
signing up for services, Subscriber has agreed to these Terms
and Conditions. These Terms and Conditions represent the
parties entire agreement and understanding, supercede any
previous oral or written agreement and may only be modified
pursuant to a written agreement or as permitted by paragraph 8
hereof.
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